Volunteer Service Agreement

Volunteer service agreement — scope, no-employment status, confidentiality, liability waiver, photo release.

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VOLUNTEER SERVICE AGREEMENT

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ORGANIZATION

   Name:                    Riverbend Community Outreach
   Address:                 1407 Maple Avenue, Madison, WI 53703

VOLUNTEER

   Name:                    Jordan Mitchell
   Address:                 2841 Garfield Street, Madison, WI 53711
   Email:                   jordan.mitchell@example.com
   Phone:                   +1 608 555 0142
   Emergency contact:       Sam Mitchell (parent), +1 608 555 0117

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SERVICE PERIOD

   Start date:              May 15, 2026
   End date / status:       Open-ended; volunteer may discontinue at any time. Organization reviews engagement annually.

ROLE

   Position:                Tutoring Volunteer — After-School Literacy Program

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DUTIES AND SCOPE

Tutor 2-3 elementary students in reading and writing during after-school hours.
Follow lesson plans provided by the Program Director.
Maintain confidentiality of student information per FERPA-aligned policy.
Complete brief session log after each tutoring session.
Attend monthly volunteer training (1 hour, virtual or in-person).
Report any concerns about student welfare to staff promptly.

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SCHEDULE AND TIME COMMITMENT

Tuesdays and Thursdays, 3:30 PM — 5:00 PM, during the school year. ~3 hours/week. Volunteer may indicate scheduling changes via the Program Director with one week notice.

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REQUIRED TRAINING AND SCREENING

Background check (criminal-records search; required for any volunteer working with minors).
Mandated-reporter training (1 hour, organization provides).
Confidentiality and FERPA-aligned policy training (30 minutes).
Site orientation (45 minutes).
For tutoring volunteers: tutoring methodology training (2 hours).

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EXPENSE REIMBURSEMENT

Out-of-pocket expenses pre-approved in writing are reimbursable (e.g., approved supplies, mileage at IRS volunteer rate of 14¢/mile). No compensation, stipend, or benefits are provided.

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KEY PROVISIONS

NO EMPLOYMENT RELATIONSHIP: Volunteer acknowledges they are NOT an employee of the organization. They are not entitled to wages, workers compensation (in most states), benefits, or unemployment insurance.
LIABILITY: Volunteer acknowledges that volunteer activities involve some inherent risks. Organization maintains general liability insurance covering volunteer activities. Volunteer waives claims for injuries arising from ordinary risks of activity, except those caused by the organization's gross negligence or willful misconduct.
CONFIDENTIALITY: Volunteer agrees to maintain confidentiality of student/client information, organizational business information, and donor information, both during and after volunteer service.
PHOTO/MEDIA RELEASE: Volunteer grants the organization non-exclusive right to use photos/video of volunteer in promotional materials, social media, website, and donor communications.
MANDATED REPORTING: As a volunteer working with minors, volunteer is subject to state mandated-reporter laws and agrees to report suspected child abuse/neglect to designated authorities.

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EXECUTION

The undersigned have read this Agreement, understand its terms, and
voluntarily agree to be bound.


_______________________________            Date: ____________________
Jordan Mitchell (Volunteer)


_______________________________            Date: ____________________
Volunteer Coordinator / Authorized Representative
Riverbend Community Outreach

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If volunteer is under 18, parent/guardian signature required:


_______________________________            Date: ____________________
Parent / Guardian Name:  ____________________

About this template

A volunteer agreement is the foundational document defining the relationship between a nonprofit and its volunteers. It is NOT an employment contract, and the entire purpose of careful drafting is to PRESERVE volunteer status (avoiding employment classification), establish liability protections, and document required training/screening. Why this matters: (1) Federal Volunteer Protection Act (42 U.S.C. §14501 et seq.) provides liability protection to volunteers acting within the scope of their volunteer role, but this protection requires proper documentation of the volunteer relationship; (2) State volunteer-protection laws supplement federal law (e.g., California Government Code §831.7, New York General Obligations Law §10-101); (3) Organizational insurance policies typically cover volunteers only when properly enrolled and screened; (4) Misclassification risk - in some states (notably California), volunteers can be reclassified as employees if they receive substantial compensation, perform regular work that displaces employees, or are essentially treated as employees. Required elements: (1) Identification of org, volunteer, and emergency contact; (2) Specific role and duties (vague duties create misclassification risk); (3) Schedule (volunteer-controlled, not employer-controlled); (4) Required training and background screening (mandatory for volunteers working with vulnerable populations - minors, elderly, disabled - in nearly all states); (5) Express statement of NON-employment status; (6) Liability and waiver provisions; (7) Confidentiality (often FERPA-aligned for educational programs, HIPAA-aligned for healthcare); (8) Photo/media release; (9) Mandated reporter acknowledgment where applicable. Special considerations: Minors as volunteers - parental consent required; some states restrict types of volunteer work for under-18s. Background checks - increasingly required for volunteers with regular access to vulnerable populations; check state law for specific requirements (e.g., California AB 506, Pennsylvania Act 153). Workers' compensation - most states do not extend WC to volunteers, but some do (Massachusetts, others) - check state law. Tax-deductible expenses - volunteers may deduct out-of-pocket expenses (mileage at 14¢/mile per IRS) but cannot deduct value of donated time. Termination - organization should reserve the right to dismiss volunteers; document any termination for cause to support insurance and unemployment-claim defenses.

When to use it

  • Onboarding regular ongoing volunteers (weekly/monthly commitment).
  • Volunteers with access to vulnerable populations (minors, elderly, medical patients).
  • High-skill volunteers (legal, accounting, medical, technical).
  • Long-term board service or committee participation.
  • Episodic but high-stakes volunteers (fundraiser leads, event coordinators).

What to include

  • Org and volunteer identification with emergency contact.
  • Specific role, duties, and schedule.
  • Required training and background-screening completion.
  • Express statement of NO employment relationship.
  • Liability/waiver, confidentiality, photo release.
  • Mandated-reporter acknowledgment if working with minors.
  • Signature(s) — volunteer and (for minors) parent/guardian.

Frequently asked

Generally no - volunteers receiving wages, stipends, or substantial benefits risk reclassification as employees (FLSA, state wage laws, IRS). Limited acceptable: nominal recognition gifts (annual appreciation events, small thank-you items under $250), out-of-pocket expense reimbursement (mileage, supplies), and meals during volunteer shifts. Monthly stipends, regular gift cards, or scholarships in exchange for volunteer hours create employment risk.
⚠ Legal disclaimer. Volunteer agreements supplement state-law protections under volunteer-protection acts (e.g., 42 U.S.C. §14501; California Government Code §831.7). Background-check requirements vary by state and population (California AB 506 for youth-serving orgs, Pennsylvania Act 153, others). FERPA applies to educational records; HIPAA applies to medical information. Workers' compensation coverage for volunteers varies by state. Misclassification of volunteers as employees creates wage-and-hour liability under FLSA and state law. For organizations with extensive volunteer programs or unusual structures, consult employment counsel. Not legal advice.

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